Husband canadian citizen by descent, children citizens?

[maica1x]

Hi All,

2 lawyers told us that because of new regulations children born to those claiming citizenship through descent will have to go through sponsorship, and are not automatically citizens. However, I have just received SA and a letter from CIC stating we 'may' not need to sponsor kids as my husband was a Canadian citizen at time of their birth and I should see website for more info. I don't understand why they can't say yes or no for sure in their letter, as I am searching their website and find nothing for this. Any info to offer anyone? Am super annoyed now as nothing seems clear!

 

[J.M.]

Hi All,

2 lawyers told us that because of new regulations children born to those claiming citizenship through descent will have to go through sponsorship, and are not automatically citizens. However, I have just received SA and a letter from CIC stating we 'may' not need to sponsor kids as my husband was a Canadian citizen at time of their birth and I should see website for more info. I don't understand why they can't say yes or no for sure in their letter, as I am searching their website and find nothing for this. Any info to offer anyone? Am super annoyed now as nothing seems clear!

I am a Canadian citizen by descent, not by birth because my father was born in Canada. However, if my future children are not born in Canada, they will not be Canadian citizens (Because of the new regulations).

The citizenship laws can be confusing as they have been amended/changed a few times, so it can be difficult to explain. I can tell you that if your kids were born after April 17, 2009, they would need to be sponsored.

The CIC cannot say for certain whether anyone is a citizen through simple correspondence (a letter) because they need to review all of the relevant documents in order to render and official decision.

Use this website to get better information (especially the tool/questionaire) to get a better clue as to whether they might be citizens: http://www.cic.gc.ca/english/Citizenship/rules/index.asp If you feel they are, apply for proof of citizenship certificates for an official answer (Which is what I did).

 

[maica1x]

Thanks for the response! I hope they need to be sponsored now cause I already did all that paperwork and its sent off for second stage. I will ring CIC tomorrow to get further clarification, but I'm glad what you wrote is inline with what steps we've taken! Thanks again.

 

[maica1x]

Just to let others know. We phones CIC and they informed us that we are correct, our kids will have to be sponsored.

 

[J.M.]

Just to let others know. We phones CIC and they informed us that we are correct, our kids will have to be sponsored.

I'm glad you have a definitive answer!

Essentially the 2009 Act made it so second-generation persons (By descent; i.e. born outside Canada to Canadian parent(s) who were also born outside Canada) could not claim citizenship, while simultaneously restoring citizenship to those who lost their citizenship (Due to previous Citizenship Acts).